Conflict Checking & Client Independence Policy (Public Statement)

I. Purpose and Scope

OceanEx Global LLC (“OceanEx” or the “Company”) is committed to performing all services with independence, impartiality, and confidentiality. This Policy explains how OceanEx identifies, manages, and mitigates actual, potential, or perceived conflicts of interest across all engagements, including time-critical or emergency instructions (night, weekends, or under duress). It applies to employees, officers, directors, contractors, consultants, agents, representatives, and any person or entity acting on OceanEx’s behalf (“Representatives”).

II. Definitions

  1. Conflict of Interest (COI): Any circumstance where OceanEx’s duty to one client could be compromised—or appear to be compromised—by duties to another client, a third party, or OceanEx’s own interests.
  2. Actual Conflict: A present, direct conflict between duties.
  3. Potential/Perceived Conflict: A circumstance that could evolve into, or reasonably be perceived as, a conflict.
  4. Ethical Wall / Information Barrier: Procedural, technical, and organizational measures that strictly segregate personnel, communications, documents, and systems between matters.

III. Overarching Commitments

  1. Independence: We will not knowingly allow any conflict to impair our objectivity.
  2. Equal Treatment: Clients are treated fairly, with no favoritism.
  3. Confidentiality: Information obtained from or on behalf of any client is protected and not disclosed to others absent authority or legal requirement.
  4. Transparency: Where appropriate, we disclose conflicts promptly and seek informed client instructions.

IV. Who and What This Covers

This Policy governs all engagements, including surveys, inspections, investigations, pre-incident and post-incident work, consulting, expert analysis, dispute support, and work conducted on client sites, third-party facilities, ports, terminals, offshore assets, and vessels.

V. Conflict Checking Procedure (Standard)

Before accepting an instruction, OceanEx will:

  1. Collect Intake Information: Client name, affiliates/beneficial owners, counterparties, insurers/brokers, counsel, matter description, jurisdictions, assets/vessels, and timelines.
  2. Screen: Search our engagement registry and related databases for overlaps/relationships with current or historical matters, parties, affiliates, and counterparties.
  3. Risk-Rank: Classify as No Conflict / Potential Conflict / Actual Conflict.
  4. Decide & Document:
  5. No Conflict: Proceed.
    1. Potential Conflict: Consider safeguards (Section 7) and seek client instructions/consents.
    2. Actual Conflict: Decline or propose safeguards requiring informed written client consent.
    3. Recordkeeping: Maintain an auditable trail of checks, determinations, safeguards, and client communications.

VI. Urgent & Emergency Mobilization (Duress/Night/Immediate Response)

When a client requires immediate mobilization (e.g., casualty, safety-critical event, time-sensitive survey), OceanEx may deploy a response team in parallel with the conflict check, subject to the following strict conditions:

  1. Conditional Participation: Any mobilization is conditional upon subsequent conflict clearance.
  2. Limited Scope: Initial actions are limited to loss mitigation, safety stabilization, and preservation of evidence. No broader advisory or advocacy is undertaken until clearance is confirmed.
  3. Right to Withdraw: If a conflict is identified and cannot be resolved to OceanEx’s satisfaction (or applicable law), OceanEx may immediately withdraw or modify scope.
  4. Notification: Clients are informed promptly of any conflict and our proposed path (safeguards, consents, or withdrawal).
  5. Costs: All reasonable costs and fees incurred during conditional mobilization are payable by the instructing client, regardless of later withdrawal due to conflict.
  6. No Waiver: Conditional mobilization does not waive our right to decline or withdraw, and does not create any duty beyond the limited emergency scope.

VII. Conflict Management Safeguards

Where a potential/actual conflict can be managed lawfully and ethically, OceanEx may implement one or more of the following, subject to informed client consent where required:

  1. Ethical Walls / Information Barriers:
    1. Separate teams with no overlapping personnel.
    2. Need-to-know access controls; separate matter codes and digital workspaces.
    3. Segregated communications and document repositories; logging & audit trails.
  2. Team & Management Separation: Designated matter leads and reviewers who have no role on the other side; escalation to senior management/compliance for oversight.
  3. Communication Protocols: Strict restrictions on inter-team communications; approved channels only.
  4. Physical/Operational Separation: Where practicable, different locations, shifts, and logistics.
  5. Client Consents: Written, informed consent from affected client(s) when required; OceanEx may decline to proceed if consent is withheld or conditions are unacceptable.

VIII. Client Cooperation & Duty to Inform

Clients are required to:

  1. Provide complete and accurate party lists (affiliates, owners, counterparties, insurers, counsel) and promptly update us on any changes.
  2. Notify OceanEx of any related or parallel proceedings that could create conflicts.
  3. Review and respond promptly to disclosures and consent requests.
    Failure to cooperate or disclose may necessitate withdrawal and may affect liability allocations (see Section 13).

IX. Ongoing Monitoring

Conflicts are dynamic. OceanEx monitors engagements throughout the matter. If new parties or issues arise, we re-screen and, if necessary, re-disclose, seek fresh consent, implement additional safeguards, or withdraw.

X. Third Parties and Subcontractors

OceanEx requires all Representatives and subcontractors to comply with this Policy, sign appropriate confidentiality and independence undertakings, and accept information-barrier protocols when applicable. OceanEx may remove/replace any Representative that jeopardizes independence.

XI. Confidentiality (High-Level)

  1. Information obtained in any engagement is confidential and used solely for the authorized purpose.
  2. Information from one client will not be shared with another client absent express authorization or legal compulsion.
  3. Confidentiality obligations survive the completion/termination of the engagement.

XII. Transparency & Disclosures

Where a potential/actual conflict is identified, OceanEx will inform affected client(s) expeditiously, outline risk and safeguards, and request instructions. If acceptable terms cannot be reached, OceanEx may decline or withdraw.

XIII. Allocation of Risk, Liability, and Remedies (Public-Facing)

To the fullest extent permitted by applicable law:

  1. No Liability for Ethical Withdrawal: OceanEx is not liable for delay, loss, or consequential damages arising from (i) ethical/legal obligations to decline/withdraw due to conflict, or (ii) good-faith implementation of safeguards or conditional mobilization limits.
  2. Client Misstatements/Non-Disclosure: Clients are responsible for losses arising from their failure to disclose accurate/complete information for conflict checking, and shall indemnify and hold OceanEx harmless from claims caused by such failures.
  3. Emergency Work: Fees/costs incurred during conditional emergency mobilization are payable, even if OceanEx later withdraws for conflict reasons.
  4. No Third-Party Beneficiaries: This Policy does not create duties to non-clients; it guides how OceanEx treats potential conflicts consistent with professional ethics and law.

Important: Specific limitations of liability, caps, indemnities, and remedies should be set in the Engagement Terms/Letter for each instruction. Those terms control in case of inconsistency with this public statement.

XIV. Governance, Oversight & Audit

  1. OceanEx designates a Company officer to oversee checks, approvals, and escalations.
  2. Periodic audits of conflict logs, barriers, and access controls are conducted; corrective actions are implemented where needed.
  3. Representatives receive training on independence, confidentiality, and conflict protocols.

XV. Data Handling for Conflict Screening

  1. We collect and process limited personal and corporate data necessary to perform conflict checks (e.g., party names, affiliations, roles, jurisdictions).
  2. Data is retained only as long as needed for legal, regulatory, and legitimate business purposes and protected in accordance with applicable privacy laws (including U.S. law and, where applicable, EU GDPR for EU data).
  3. Cross-border screenings and storage are conducted with appropriate safeguards.

XVI. Reservation of Rights

OceanEx reserves the right to:

  1. Decline, limit, or withdraw from any engagement where, in our judgment, an actual or potential conflict is unmanageable or incompatible with our legal/ethical duties.
  2. Modify/strengthen safeguards as matters evolve.
  3. Update this Policy to reflect legal, operational, or best-practice changes.

XVII. No Waiver; Severability

  1. Failure to enforce any part of this Policy is not a waiver of any rights.
  2. If any provision is held unlawful or unenforceable, the remainder continues in full force.

XVIII. Governing Law and Jurisdiction

This Policy is governed by the laws of the State of Louisiana, USA, without regard to conflict-of-laws rules. Any dispute relating to this Policy or its application shall be brought exclusively in the state or federal courts located in Louisiana, and clients/Representatives irrevocably submit to such jurisdiction.